Heard Sri Sapan Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The present F.I.R. was lodged on 15.9.2019 through an application which was moved on 16.10.2017 under Section 156(3) Cr.P.C. As per F.I.R. the applicant has purchased some land from the father-in-law of the informant through registered sale deed and there were dispute of property between the applicant and informant. It is further submitted that civil litigations are pending between the parties regarding the property and earlier apart from present F.I.R., two F.I.Rs. have been lodged by husband of the informant and one F.I.R. was lodged by informant herself, against the applicant. It is further submitted that in two cases the Police has submitted the final reports and in one case the applicant has been granted bail. It is further submitted that only to create pressure upon the applicant, the present F.I.R. has been lodged by informant. The criminal history has been explained in para 20 of the affidavit and the applicant has not committed any offence as alleged in the F.I.R. There is no possibility of applicant of fleeing away from the judicial process or tampering with the evidence. He next submits that the applicant is in jail since 8.9.2020 and if released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Dayashankar Nishad be released on bail in Case Crime No.703 of 2019, under Sections 376, 452, 504, 506 IPC, registered at P.S. Khorabar, District Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2021 Kpy